Dismissal on a fixed-term employment contract: grounds, terms, payments

When the manager decides on hiring an employee, it must be remembered that dismissal under a fixed-term employment contract is different from the general rule. And in order to minimize the possible risks of applying to the labor inspection and the court, you need to know the main features of this procedure.

Definition

An urgent labor contract is the kind of agreement concluded for a specific period. Article 59 of the LC RF provides that such an agreement may be concluded for a certain period of time if the employee can not work on an ongoing basis. The term employment contract is signed for a maximum of five years. If the deadline in the document is not specified, the agreement is considered indefinite. A concluded fixed-term contract without good reason can be recognized by the court as perpetual.

Termination of the agreement of the employee must be notified accordingly. In the absence of notification, a person has the right to continue to work. A fixed-term employment contract may be prolonged, but only in cases stipulated by law, or the contract is extended by agreement of the parties.

Legality of the contract

An organization that accepts an employee in its staff can offer him or her a permanent job, or for a limited period of time. In the latter case, a fixed-term employment contract is signed. The RF Customs Code regulates the signing of such a contract, depending on the circumstances: taking into account the work assigned or by agreement of the parties. When drafting a contract, its validity must be checked. It is urgent only if there is a point where the period is fixed. Otherwise, the document automatically becomes an indefinite contract, which can be terminated on the grounds referred to in Article 59 of the LC RF.

Notice of termination

To warn about dismissal on time is also an important factor. After all, if the employee is not notified in advance, or he did not write a letter of resignation on time, when the contract expires, he can simply continue working. The agreement becomes perpetual, and dismissal under a fixed-term employment contract becomes irrelevant. Subsequent dismissal must comply with the law. Otherwise it will be illegal.

Notify the employee of the forthcoming dismissal in three days in writing. The following cases are an exception:

• The contract is signed for the time of absence of the employee for whom the duties are performed (accordingly, the document loses its force from the moment the employee enters the work);
• The contract is concluded for the performance of a certain work (after the work is performed, the agreement is automatically terminated);
• The contract is concluded for seasonal work.

Send an email to an authorized employee, often a staff member of the HR department. The document is drawn up and signed in two copies. To prevent the risks of litigation in the company's copy, the recipient must indicate that he has received his copy.

Main reasons

According to the TC, dismissal under a fixed-term employment contract (Article 77-81) occurs for the following reasons:

• The return of a previously working employee, during the absence of which was issued a temporary.
• Termination of the contract in connection with the fulfillment of those obligations for which the employee was hired.
• Agreement of the parties.
• Initiative of an employee or employer.

Employee Initiative

The employee must inform in advance about his intention to terminate the fixed-term employment contract. Dismissal at will requires written notice to the employer for 14 days. If you are dismissed by agreement of the parties, the contract can be terminated earlier than in two weeks.

Grounds for termination of the contract by the employee:

• Disability or illness, which is the reason why it is impossible to fulfill their duties further;
• Illness of one member of the family, requiring constant care;
• Failure by the head of duties or conditions prescribed in the contract, as well as violation of legislative norms;
• Moving to another city;
• Admission to elective office;
• Other reasons.

If the head does not want to sign the dismissal order, arguing his decision for lack of valid reasons for this, this issue can be resolved through the court or through a commission to resolve labor disputes.

Employer Initiative

Dismissal of a fixed-term employment contract on the initiative of the employer is provided for a number of reasons:

• Closure of the organization;
• Reduction of employees ;
• Discrepancy of the position occupied by the employee;
• Systematic failure to fulfill or ignoring in general the obligations provided for in the contract;
• Change of staff (this refers to managerial positions);
• Violation of discipline in the workplace;
• Providing false information when entering into an agreement;
• The commission of actions that caused considerable damage to the organization.

Among other things, the head of the organization, deciding to terminate the term contract with the employee, must take into account some of the nuances:

• Any grounds for terminating an employment contract must be provided for by law.
• Dismissal of a fixed-term employment contract and the circumstances that led to this must be supported by facts. It can be a memo, an explanatory note from an employee, an act, an order for recovery.
• A person who has not reached the age of majority may be dismissed before the end of the contract period, if there is a permit from state bodies.
• Mandatory compliance with the deadlines, which are established by law.
• Mandatory payment of all compensations and guarantees.

Expiration

To break the labor relations of the Customs Code of the Russian Federation, according to Article 77. Given this article, the employee can be dismissed on the basis of the expiration of the agreement. If neither the worker nor the employer at the end of the contract insists on its termination and the working relationship continues, the document automatically loses its force and becomes perpetual.

Terms of dismissal

Terms of dismissal under the fixed-term employment contract vary depending on what exactly caused the dismissal:

• If the dismissal occurs at the request of the employee before the expiration of the agreement, the management must be notified of this decision within three working days.
• If the employer decides to terminate the employment relationship with the employee before the expiration of the contract, the notice must be drawn up and sent in two weeks.
• Dismissal after the expiration of the employment contract can be carried out on the day when the term of the agreement expires.

The order of registration

The procedure for dismissal under a fixed-term employment contract is the following algorithm of actions:

• Notification with a warning of future dismissal.
• Drafting of the dismissal order.
• Acquaintance of the employee with the order on dismissal.
• Preparation of the settlement sheet.
• Familiarization with the settlement sheet.
• Calculation on the day of the termination of the employee.
• Registration of a work record book, entry of a record of dismissal and explanation, on what grounds the termination of employment occurred.

Documentation

Dismissal after the expiration of the employment contract involves the preparation and completion of the following documents:

• Statement of the employee. If the dismissal occurs at will, the employee writes a statement for two weeks, where he indicates the reason for his decision. Usually, the article of the RF Customs Code and the paragraph of this article are prescribed.
• Notification of the employer (if the leader shows off the initiative in dismissal). The document must be made in 2 copies, registered in the personnel department and contain the reason for the dismissal, there must be a request for confirmation of reading this notice and the signature of the employee being dismissed.
• The order of dismissal. The document must be made on the day of the termination of the employee in several copies, one of which remains with the employer with the signature of the employee about familiarization. If, for some reason, the employee has not been acquainted with the order, a corresponding note must be made about this.
• The filled work book is issued on hands.

Correct execution of all documents will allow the employer to avoid further possible litigation or litigation with the labor dispute commission.

Employment history

To record in the form of the work record book it is necessary after the edition of the order. An employee who has stopped his work must sign in the book of employment books. This he confirms that he has received the document and agrees with all the entries. The document is filled out by the head or an authorized person (often a human resources officer or an accountant). The filling algorithm is considered below.

• In the first column, a sequential number is placed, which continues the previous entry.
• In the second - the date of dismissal.
• In the third column, it is necessary to prescribe the grounds for the termination of the employment contract, record the requisites of the person who filled the labor contract, and put the seal of the organization. Also in this column the dismissed employee puts his signature on familiarization with the reason for dismissal.
• In the last column, information about the document confirming the fact of dismissal is prescribed.

If the employee has not received his employment form, the employer must indicate this fact and send a notice to the employee that it is necessary to pick up the document. If after this there is no reaction from the employee, the laborer is sent by mail to the actual address of residence indicated in the documents.

Payments

In addition to receiving all necessary documents, the employee on the day of dismissal must receive all due payments. If the day of dismissal falls on the employee's day off, then he gets the payment immediately, as he returns to work. In case of disagreement of the employee with the payments made, those funds that are not in dispute should be paid. The remaining issues are resolved through the court.

The dismissed employee is entitled to the following monetary compensation:

• The salary for all that time which it after the fact has fulfilled in a month of dismissal;
• Cash refunds for all non-scheduled holidays;
• Severance pay (if required by law).

There are grounds (for example, liquidation of the company) under which a fixed-term employment contract was approved that provides for certain compensations. Compensation for dismissal under a fixed-term employment contract provides for the following payments:

• Reimbursement of wages for several months;
• Reimbursement of leave upon dismissal (provided that the employee did not rest his days before dismissal).

Preferential Categories

When drawing up and signing a fixed-term contract, it should be remembered that there are some preferential categories of citizens who are not subject to the general conditions of such a treaty.

With the dismissal of women in the situation or mothers with children working under a fixed-term contract, there are some nuances:

• You can dismiss a woman in a position, either with the complete liquidation of the organization, or if the job was to replace a temporarily unemployed employee who took up his duties. In other cases, a pregnant woman can be dismissed only after pregnancy and childbirth.
• The organization has the right throughout the entire pregnancy to require a woman to confirm her position.
• If the period of the employment contract has expired, while the woman is in the position, the employer must prolong the term of the employment contract upon the application of the employee, and after the medical document is provided, until the end of pregnancy or the end of maternity leave.
• If after the birth the woman continues to work, the employer may, according to Art. 261 of the Labor Code of the Russian Federation, terminate an employment contract with her within a week.
• At the initiative of the employer, an employment contract can not be terminated with a woman who has children under the age of 3, with a mother who educates disabled children under the age of majority or children under 14 years of age.
• The urgent labor contract of the Labor Code of the Russian Federation does not allow dissolving by the employer if the employee is the breadwinner or guardian of a child under three years old or a disabled person under 18 years of age in a family where three or more children and the second parent does not work.